Current through Register No. 40, October 3, 2024
(a) Each application for a statelicense to
sell or market permissible fireworks shall be reviewed by the department in
accordance with
RSA
541-A:29.
(b) The applicant shall be notified of any
apparent errors or omissions in the application and allowed to resubmit the
application.
(c) The department
shall deny a license pursuant to
RSA
160-C:3, II through IV if:
(1) The applicant does not have a valid
permit for the sale of fireworks, pursuant to title 18 of the United States
Code;
(2) The applicant does not
have a valid local permit for the sale of fireworks, pursuant to
RSA
160-C:3, I;
(3) The applicant does not have a place of
business within the municipality;
(4) The business will not be located in a
permanent structure;
(5) The
building in which the business will be located, including any storage facility,
does not comply with applicable fire safety codes, building codes, zoning codes
and local ordinances including all applicable provisions of the state building
code and the state fire code pursuant to Saf-C 6000;
(6) The applicant has been:
a. Convicted of any offense involving
fireworks or explosives within 2 years prior to the application which has not
been annulled; or
b. Found to have
violated any fireworks or explosive laws or rules within 2 years prior to the
application;
(7) The
applicant has been convicted of a felony, or, if the license were to be issued
to a partnership, limited liability company, or corporation when a partner,
director, officer, member, or any other person with a controlling interest in
the operation of the business has been convicted of a felony.
(8) The applicant is younger than 21 years of
age;
(9) The applicant has not
provided proof of insurance, pursuant to Saf-C 2603;
(10) The issuance of a license is contrary to
state or federal law;
(11) The
applicant has failed to comply with a lawful order of the marshal or local fire
chief concerning the state building code or the state fire code;
(12) Storage does not comply with applicable
federal, state or local laws and rules for the storage of fireworks and related
materials; or
(13) The applicant
has not paid the applicable fee pursuant to
RSA
160-C:3, VII.
(d) Pursuant to RSA 160-C:VI-a, an
applicant who has been denied a state license to sell or market permissible
fireworks pursuant to (c) above shall, upon request, be granted a hearing
before the bureau of hearings of the department of safety. All hearings shall
be conducted in accordance with Saf-C 200.
